Punjab

Ludhiana

CC/19/190

Rajinder Sharma - Complainant(s)

Versus

Punjab State Power Corporation Limited - Opp.Party(s)

M.S.Sethi Adv.

27 Oct 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, LUDHIANA.

                                                Complaint No:190 dated 22.04.2019.                                                         Date of decision: 27.10.2023.

 

Rajinder Sharma S/o. Karam Chand, R/o. Pori Banda, Salam Tabri, Gali No.2, Nr. Ravi Iron Store, Ludhiana.                                                                                                                                                             ..…Complainant

                                                Versus

Punjab State Power Corporation Limited, Sub Division–Unit-11, Purani Sabzi Mandi, Nr. Kapoor Hospital, Ludhiana through its XEN.                                                                                                                  …..Opposite party 

Complaint Under section 12 of the Consumer Protection Act.

QUORUM:

SH. SANJEEV BATRA, PRESIDENT

SH. JASWINDER SINGH, MEMBER

MS. MONIKA BHAGAT, MEMBER

 

COUNSEL FOR THE PARTIES:

For complainant             :         Sh. M.S. Sethi, Advocate.

For OP                           :         Sh. G.S. Pahwa, Advocate.

 

ORDER

PER SANJEEV BATRA, PRESIDENT

1.                Shorn of unnecessary details, the facts of the case are that the complainant is the consumer of the opposite party being a holder of electricity connection No.3002763699 (Old No.SM 32/732) under domestic tariff with 0.0970KW sanctioned load, which is installed at the address of the complainant consisting one room only being used by the complainant for domestic need impermanent as he is not residing therein but he had been paying its consumption charges as per need and use. The complainant further stated that he received bill dated 28.12.2018 for 13873 units for Rs.1,28,100/- which was excessive against the previous bill usage. Finding the meter running fast, the complainant lodged a complaint with opposite party by challenging the meter and after checking of meter by official of opposite party vide CR dated 25.02.2019, it was reported that pulse of meter running without load and also recommended necessary suitable action. The opposite party asked the complaint to deposit meter challenge fee of Rs.640/- which was deposited by the complainant on 26.02.2019. The opposite party removed the meter vide MCO dated 27.02.2019 in the presence of complainant in open condition. The meter was brought to ME Lab and checked on 14.03.2019 in the presence of complainant and it was reported in ME Lab report dated 14.03.2019 that the meter is dead stop.  The complainant further stated that the opposite party did not modify the bills as per previous consumption or subsequent reading of new meter, rather issued bill dated 02.03.2019 of Rs.1,32,330/- including arrears of Rs.1,31,191/-  inclusive of previous bill amount before checking in ME lab and refused to correct the bill after checking of the disputed bill in ME Lab and disconnected the connection on 28.03.2019. According to the complainant, the opposite party was under obligation to revise/modify/amend or correct the bills but no needful was done by the opposite party. In the end the complainant prayed for issuing directions to set aside and quash the bill dated 28.12.2018 of Rs.1,28,100/- and further prayed to direct the opposite party to charge the bill dated 28.12.2018 and thereafter till the period of change of the disputed meter as per previous consumption and to refund the excess amount. The complainant further prayed for grant of compensation of Rs.75,000/-, litigation expenses of Rs.11,000/- and further to refund the cost of meter of Rs.640/-.

2.                Upon notice, the opposite party appeared and filed written statement and by taking preliminary objections, assailed the complaint on the ground of maintainability of the complaint. The opposite party stated that it issued the bill for consumption charges vide bill dated 28.12.2018 of Rs.1,28,100/-. The meter was challenged by the complainant and same was packed and sealed in the presence of complainant vide checking register No.310 of 25.02.2019. The complainant duly signed the checking report. Thereafter, the meter was challenged and same was removed vide job order dated 27.02.2019 and was changed on 03.03.2019 in the presence of the complainant who also singed the job order. Meter was sent to ME Lab  vide challan No.5854 dated 14.03.2019 through Sh. Nirmal Singh and the meter was checked in the presence of the complainant and was found dead stopped. The meter was put on DDL and A.C. + D.C. mode but was not giving any reading, U/W was OK. There was a crack on the body of the meter and it was advised by ME Lab that the last reading was taken from the record and the account of the meter was overhauled by the department. It was found that the bill sent by the department is true and correct and was issued on actual consumption of electricity by the complainant.

                   On merits, the opposite party reiterated the crux of averments made in the preliminary objections. According to the opposite party, the amount was charged from the complainant as per consumption of the electricity and there was no need to modify the bill as per previous consumption as the meter was dead stopped at the reading of 17100 units meaning thereby the consumption of 13873 units was made by the complainant. The opposite party has denied that there is any deficiency of service and has also prayed for dismissal of the complaint.

3.                In support of his claim, the complainant tendered his affidavit Ex. CA1 in which he reiterated the allegations and the claim of compensation as stated in the complaint. The complainant also tendered documents Ex. C1 is the copy of bill dated 28.12.2018, Ex. C2 is the copy of checking register dated 25.02.2019, Ex. C3 is the copy of job order for device replacement, Ex. C4 is the copy of challan No.585 dated 14.03.2019, Ex. C5 is the copy of consumption data and closed the evidence.

4.                On the other hand, counsel for the opposite party tendered affidavit Ex. RA of Sh. Rajesh Kumar, Senior Executive Engineer, City West Division (special), PSPCL, Ludhiana and closed the evidence.

5.                We have heard the arguments of the counsel for the parties and also gone through the complaint, affidavit and annexed documents and written reply along with affidavit and documents produced on record by both the parties.

6.                    During the course of arguments, counsel for the complainant has drawn attention of this Commission towards the Commercial Circular No.21/2022 dated 03.08.2022 issued vide memo No.248/253/SV by the OP whereby the arrears falling from 31.12.2021 to 30.06.2022 of the electricity bills of all domestic consumers (running/disconnected, using electricity for residential purpose only) has been ordered to be waived off vide notification/memo No.2/22/2016-EB2/469 dated 13.07.2022 issued by Government of Punjab. The operative part of the said notification is reads as under:

             “Sub: Regarding waiving off the pending arrears as on             31.12.2021 of all Domestic Consumers.                                                                                  As per Deptt. of Power, GOP office Memo No. 2/22/2016-                                              EB2/469 dated 13.07.2022, Council of Ministers, Govt. of                                             Punjab in its meeting held on 06.07.2022 has decided to waive                                  off the pending arrears as on 31.12.2021 and not paid up to                                         30.06.2022 of electricity bills of all domestic consumers              (running/disconnected, using electricity for residential purposes     only (excluding all other consumers covered under Schedule of                                       Tariff for Domestic Supply viz Govt. Hospitals/Govt.                                                             Dispensaries, all places of worship, Govt. Sports Institutions,                                            Sainik Rest Houses, Govt./Govt. Aided Educational Institutions                                & attached hostels).

                       All such connections disconnected due to non-payment of          pending arrears as on 31.12.2021 will be reconnected by PSPCL                                                  on the request of consumer. The charges for reconnection of such                                               disconnected connections i.e. charges as per Schedule of General                                         Charges, Fixed Charges, any additional charges due to late                                                     payment of bills etc., shall be compensated to PSPCL by Govt. of                                              Punjab.

                       Where reconnection of such disconnected connections is not      permitted/viable on the request of applicant, a new electricity                                                          connection will be released by PSPCL in the same premises and                                                   all the applicable charges which need to be paid by the                                                               consumers for new domestic connection shall be compensated to                                                   PSPCL by Govt. of Punjab. Subsidy for the above said waiver of                                                   pending arrears, charges for reconnection of such disconnected                                                 connections or release of new connections to such consumers                                                  would be compensated by Punjab Govt. to PSPCL Modalities for                                   the claim of such subsidy from Punjab Govt. shall be framed and                                               necessary action in this regard be taken by the office of EIC/IT,                                                      CAO/Revenue and Financial Advisor, PSPCL, Patiala.

                       This facility will be applicable to all such domestic consumers   having/had connections for residential purpose only.”

7.                    Counsel for the OP could not deny the fact of issuance of aforesaid circular/notice by the OP.

8.                    Adverting to the facts of the case, the complainant has challenged the impugned bill dated 28.12.2018 for Rs.1,28,100/- (EX. C1) issued for consumption of 13873 units for the period 03.09.2018 to 28.12.2018 and the same was issued for 116 days for the period 03.09.2018 to 28.12.2018. The amount challenged in the impugned bill is arrear of electricity consumption as on 31.12.2021 which has not been paid up to 30.06.2022. As such, prima-facie, waiver of the said arrears falls within the purview of aforesaid circular issued by the OP. Though, the complainant has only challenged the bill Ex. C1 for the amount of Rs.1,28,100/. However, it will be just and appropriate, if the OP is directed to overhaul the account of the complainant and waive off the arrears of the bill demanded through Ex.C1 (if not waived off earlier). Further, at the time of deciding the interim application for restoration of the electricity connection of the complainant, the complainant, vide order dated 16.08.2019, was ordered to pay a sum of Rs.20,000/- out of the disputed amount which was deposited by the complainant with the OP. The said amount was deposited by the complainant under the directions of this Commission is also required to be considered as waiver off while overhauling the account or adjusted in the future bills by the OP.

9.                    As a result of above discussion, the complaint is partly allowed with an order that the OP shall overhaul the account of the complainant and waive off the arrears of the bill Ex.C1 (if not waived off earlier) by passing a speaking order in view of the Commercial Circular No.21/2022 dated 03.08.2022 issued vide memo No.248/253/SV by them, within 30 days from the date of receipt of copy of order. Further, the amount, if any found surplus, the same shall be adjusted by the OP in the future bills. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room.

10.              Due to huge pendency of cases, the complaint could not be decided within statutory period.

 

(Monika Bhagat)          (Jaswinder Singh)                     (Sanjeev Batra)

Member                         Member                                       President         

 

Announced in Open Commission.

Dated:27.10.2023.

Gobind Ram.